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Issue - meetings

Business And Planning Act 2020 - Update to Pavement Licensing Regime

 

 

Meeting: 31/07/2024 - Council (Item 19)

19 Business And Planning Act 2020 - Update To Pavement Licensing Regime pdf icon PDF 101 KB

Purpose

For Full Council to consider the draft Pavement License Policy document for approval following the Levelling Up and Regeneration Act making permanent the pavement licensing regime.

 

Recommendation

That Full Council resolves to:

1.    Approve the draft Pavement Licensing Policy and Fees, attached at Annex A.

Additional documents:

Minutes:

The purpose of the report was for Full Council to consider the draft Pavement License Policy document for approval following the Levelling Up and Regeneration Act making permanent the pavement licensing regime.

 

Councillor Juliet Layton introduced the report and made the following points: 

 

·         The Planning and Licensing Committee as a consultee approved the draft policy at its meeting on 12 June 2024.

 

·         The report contained the draft policy following the Levelling Up and Regeneration Act which made Pavement Licensing a permanent regime.

 

·         The original regime was introduced in 2020 under the Business and Planning Act to extend the trading area for food and drink to outside spaces during the Coronavirus Pandemic. Businesses would need to apply to the Council for a licence to utilise this. 

 

·         The Council had issued 12 licences across the District. 

 

·         The draft policy reflected changes in legislation which included:

 

·         increasing the consultation period to 28 days

 

·         expanding licence validation to 24 months

 

·         increasing the capped fee to £500 and the renewal fee to £350.

 

·         Expanding enforcement powers for the Council.

 

·         Licences granted prior to 30 March 2024 would be valid until the end of the expiration date.

 

·         A cost recovery principle underpinned the draft policy with a new licence costing £185 for a new 24 months licence and £150 for a renewal.

 

·         It was stated that this move would give certainty for business in the District.

 

Councillor Ray Brassington seconded and made the following points: 

 

·         Any objections to a pavement licence application would be reviewed by officers in consultation with himself as Chair of Planning and Licensing Committee.

 

·         The change to a 28 day consultation period was welcomed to improve responses from the public.

 

 

 

Council noted the encouraging policy from the Covid Pandemic on pavement licensing for communities in an orderly way. 

 

Council noted the entrepreneurs in the Cotswold using pavement licences which would be of benefit to businesses. 

 

Council asked about the 14-day public consultation and how that was carried out. The Business Manager - Environmental, Welfare & Revenue Service answered and stated that Highways and other public bodies would be consulted. It was noted these applications were also posted online for residents to raise any objections. Council asked about the 28 day minimum consultation and whether this was enough time. The Business Manager answered that the statutory consultees did respond quite efficiently normally to these applications. 

 

 Council noted the clarity for businesses in the District that the policy would provide. 

 

 

 

Meeting: 12/06/2024 - Planning and Licensing Committee (Item 9)

9 Business And Planning Act 2020 - Update To Pavement Licensing Regime pdf icon PDF 80 KB

Purpose

Draft Pavement License Policy document for approval following the Levelling Up and Regeneration Act making permanent the pavement licensing regime.

 

Recommendations     

That the Planning and Licensing Committee resolves to recommend that Council:

1.            Approves the draft policy; subject to any further amendments; and

2.            Approves the new fees as detailed in paragraph 3.3 of the report.

Additional documents:

Minutes:

The Licensing Officer introduced the report. The purpose of the item was to present the draft Pavement License Policy document for approval following the Levelling Up and Regeneration Act making the pavement licensing regime permanent.

 

Members discussed the report, raising the following questions, which were answered by the Licensing Officer and the Head of Planning Services;

  • A-boards were covered under advertisement regulations (a planning function) and were not part of a pavement license.
  • Litter bins were also not covered, as the expectation was that litter would be dealt with as any other litter from a business would be.
  • The background to the application was discussed. The Pavement Licensing Policy was made permanent after initially being introduced as temporary legislation over COVID, the fees were now being increased to reflect the cost of administering it, which had also increased.
  • New applications would be consulted upon as part of usual licensing processes.

 

The Committee moved on to vote on the recommendations as set out in report.

 

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